SALKHAN KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) Petitioner, in this writ petition, prays for an appropriate order in the nature of certiorari to call for and quash the order dtd. 4/1/2017 contained in Memo No. 18/Go (Annexure 7 to the writ petition), whereby the appellate authority modified the punishment inflicted upon the petitioner by converting the same from dismissal to compulsory retirement. Prayer has also been made to reinstate the petitioner.

(3.) This case lies in a very narrow compass. Petitioner was a constable. He was departmentally proceeded on the ground that he is a drunkard. On 20/11/2011, while on patrolling duty, he in a drunken state fell down from the vehicle. He had to be carried to the barrack. He came to senses after a very long time. Again on 21/12/2020, he was found in intoxicated state and his colleagues brought him to the Barrack. On the said allegations, chargesheet was issued to him. A departmental enquiry was set up and thereafter, following the procedure of law, vide order dtd. 31/7/2015, petitioner was dismissed from service. Aggrieved by the dismissal order, petitioner preferred a departmental appeal, which was kept pending for a considerable period of time, resulting in filing of writ petition being W.P.(S) No.5135 of 2015. This Court on 28/11/2015, directed the appellate authority to dispose of the appeal at the earliest. The appellate authority, thereafter, vide impugned order dtd. 4/1/2017 converted the order of dismissal to that of compulsory retirement with effect from 31/7/2015 (i.e., the date when the initial dismissal order was passed) and has held that the period, which he has not worked, will be treated as "no work no pay". The said order is under challenge in this writ petition.